TITLE 13

APPEALS IN CIVIL ACTIONS

CHAPTER 2

APPEALS TO SUPREME COURT FROM DISTRICT COURTS

13-202.  Stay of proceedings pending appeal. (1) Upon and after an appeal of a judgment or order of the district court in a civil action, the judgment or order appealed from, or any other order or proceeding in the action may be stayed by the district court or the supreme court as provided by rule of the supreme court.

(2)  If a plaintiff in a civil action obtains a judgment for punitive damages, the supersedeas bond or cash deposit requirements shall be waived as to that portion of the punitive damages that exceeds one million dollars ($1,000,000) if the party or parties found liable seek a stay of enforcement of the judgment during the appeal.

(3)  If the plaintiff proves by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond or cash deposit requirement has been waived, is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts, waiver may be rescinded and the bond or cash deposit requirements may be reinstated for the full amount of the judgment.

(4)  The supersedeas bond or cash deposit requirements may also be waived in any action for good cause shown as provided by rule of the supreme court.

History:

[13-202, added 1977, ch. 170, sec. 7, p. 438; am. 2003, ch. 122, sec. 4, p. 372.]